[Introduced February 22, 2013; referred to the Committee on
Labor; and then to the Committee on the Judiciary .]

____________

A BILL to amend and reenact §21-5-4 of the Code of West Virginia,
1931, as amended, relating to the time final wages are
required to be paid to discharged employees; authorizing
payment by mail if requested by the employee; providing that
employers pay an employee all wages he or she earned at the
time of quitting if the employee gives written notice of his
or her intention to quit at least one pay period before
quitting; and making other technical changes.Be it enacted by the Legislature of West Virginia:
That §21-5-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:ARTICLE 5. WAGE PAYMENT AND COLLECTION.
§21-5-4. Cash orders; employees separated from payroll before
paydays.
(a) In lieu of lawful money of the United States, any person,
firm or corporation may compensate employees for services by cash
order which may include checks or money orders on banks convenient
to the place of employment where suitable arrangements have been
made for the cashing of suchthe checks by employees for the full
amount of wages.
(b) Whenever a person, firm or corporation discharges an
employee, suchthe person, firm or corporation shall pay the
employee's wages in full
within seventy-two hoursno later than the
next regular payday. Payment shall be made through the regular pay
channels or, if requested by the employee, by mail.
(c) Whenever an employee quits or resigns, the person, firm or
corporation shall pay the employee's wages in full no later than
the next regular payday. Payment shall be madeeither through the
regular pay channels or, by mail if requested by the employee, by
mail. However, except that if the employee gives at least one pay
period's written notice of intention to quit, the person, firm or
corporation shall pay all wages earned by the employee at the time
of quitting.
(d) When work of any employee is suspended as a result of a
labor dispute, or when an employee for any reason whatsoever is
laid off, the person, firm or corporation shall pay in full to such
the employee not later than the next regular payday, either through the regular pay channels or by mail if requested by the employee,
wages earned at the time of suspension or layoff.
(e) If a person, firm or corporation fails to pay an employee
wages as required under this section, suchthe person, firm or
corporation, shall in addition to the amount which was unpaid when
due, beis liable to the employee for three times that unpaid
amount as liquidated damages. Every employee shall have sucha
lien and all other rights and remedies for the protection and
enforcement of suchhis or her salary or wages, as he or she would
have been entitled to had he or she rendered service therefor in
the manner as last employed; except that, for the purpose of such
liquidated damages, suchthe failure shall not be deemed to
continue after the date of the filing of a petition in bankruptcy
with respect to the employer if he or she is adjudicated bankrupt
upon suchthe petition.

NOTE: The purpose of this bill is to require final payment of
wages of discharged employees no later than the next regular
payday. Payment may be made through regular means or by mail. An
employee may also provide written notice of intention to quit at
least one pay period before quitting to receive all wages he or she
earned at the time of quitting.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.